At page 903 Allowing discovery to establish subject matter jurisdiction70 citing cases“leave to amend should be freely granted when necessary to cure a failure to allege jurisdiction properly.”
- Pennymac Loan Servs., LLC v. Brown, No. 2:24-cv-00635 (N.D. Ala. Mar. 3, 2025).(Although the plaintiff bears the burden of proving the court’s jurisdiction, the plaintiff should be given the opportunity to discover facts that would support his allegations of jurisdiction. . . . We recognize that t…)
- Stumphauzer v. Scaramellino, No. 8:21-cv-02307 (M.D. Fla. May 5, 2022).(Although the plaintiff bears the burden of proving the court’s jurisdiction, the plaintiff should be given the opportunity to discover facts that would support his allegations of jurisdiction.)
- Rex T. Morrison v. Allstate Indem. Co., 228 F.3d 1255 (11th Cir. 2000).published(Although the plaintiff bears the 39 burden of proving the court’s jurisdiction, the plaintiff should be given the opportunity to discover facts that would support his allegations of jurisdiction.)
- Mills v. State of Maine, 118 F.3d 37 (1st Cir. 1997).published (Although the plaintiff bears the burden of proving the court's jurisdiction, the plaintiff should be given the opportunity to discover facts that would support his allegations of jurisdiction.)
- Haley Cole v. Lawrence Young, No. 25-11875 (11th Cir. Aug. 3, 2026).unpublished While “the plaintiff bears the burden of proving the court’s jurisdiction, the plaintiff should be given the opportunity to discover facts that would support [the] allegations of jurisdiction.” Majd-Pour v. Georgiana Cmty. Hosp., Inc., 724…
- Prof'l Background Screening Ass'n v. Weiser, No. 1:25-cv-00295 (D. Colo. Oct. 10, 2025).Ala. Mar. 31, 2011) (quoting Majd-Pour v. Georgiana Cmty. Hosp., Inc., 724 F.2d 901, 903 (11th Cir. 1984)).
- Ital Brokers S.P.A. v. Redbridge Ins. Co. Ltd., No. 1:24-cv-21614 (S.D. Fla. Nov. 25, 2024).“Jurisdictional discovery is appropriate when there is a dispute about the ‘facts that would support the plaintiff’s allegations of jurisdiction.” Aviation One of Florida, Inc., 722 F. App’x at 878 (quoting Majd-Pour v. Georgiana Cmty. Hos…
- World Fuel Servs., Inc. v. First Serv. Bank, No. 1:24-cv-22369 (S.D. Fla. Aug. 6, 2024).Majd-Pour v. Georgiana Cmty. Hosp., Inc., 724 F.2d 901, 903 (11th Cir. 1984) (cleaned up).
- Hernandez v. Helidosa Aviation Grp., S.A., No. 6:23-cv-02402 (M.D. Fla. June 20, 2024).Jurisdictional discovery is appropriate when there is a dispute about the “facts that would support [the plaintiff's] allegations of jurisdiction.” Majd-Pour v. Georgiana Cmty. Hosp., Inc., 724 F.2d 901, 903 (11th Cir. 1984).
- Pena v. Helidosa Aviation Grp., S.A., No. 6:23-cv-02403 (M.D. Fla. June 20, 2024).Jurisdictional discovery is appropriate when there is a dispute about the “facts that would support [the plaintiff's] allegations of jurisdiction.” Majd-Pour v. Georgiana Cmty. Hosp., Inc., 724 F.2d 901, 903 (11th Cir. 1984).
Show 60 more citing cases
- Deborah Joan Garcia Concepcion v. Helidosa Aviation Grp., S.A., No. 6:23-cv-02399 (M.D. Fla. June 20, 2024).Jurisdictional discovery is appropriate when there is a dispute about the “facts that would support [the plaintiff's] allegations of jurisdiction.” Majd-Pour v. Georgiana Cmty. Hosp., Inc., 724 F.2d 901, 903 (11th Cir. 1984).
- Holmes v. R/S Logistics, No. 4:22-cv-00281 (S.D. Ga. Apr. 10, 2023).Although Holmes’ ignorance concerning the identity of those parties does not excuse his obligation to establish this Court’s subject matter jurisdiction, “the plaintiff should [ordinarily] be given the opportunity to discover facts that wo…
- Levin v. Amica Mut. Ins. Co., No. 2:22-cv-00687 (M.D. Fla. Nov. 18, 2022).Id.; Majd-Pour v. Georgiana Community Hosp., Inc., 724 F.2d 901, 903 (11th Cir. 1984).
- SFR Servs. LLC v. Heritage Prop. & Cas. Ins. Co., No. 2:22-cv-00573 (M.D. Fla. Nov. 10, 2022).Id.; Majd-Pour v. Georgiana Community Hosp., Inc., 724 F.2d 901, 903 (11th Cir. 1984).
- Louis Matthew Clements v. Apax Partners LLP, No. 21-12782 (11th Cir. Oct. 27, 2022).unpublishedUSCA11 Case: 21-12779 Date Filed: 10/27/2022 Page: 11 of 18 As a general matter, a “plaintiff should be given the opportunity to discover facts that would support his allegations of jurisdiction.” Majd-Pour v. Georgiana Cmty. Hosp., Inc.,…
- Comp360, LLC v. KT Enter., LLC, No. 8:22-cv-00447 (M.D. Fla. Apr. 7, 2022).Co., 178 F.3d 1209 , 1214, n. 7 (11th Cir. 1999), if there is a dispute about the “facts that would support [the plaintiff's] allegations of jurisdiction,” Majd-Pour v. Georgiana Cmty. Hosp., Inc., 724 F.2d 901, 903 (11th Cir. 1984).
- Open Sea Distrib. Corp v. Artemis Distrib., LLC, No. 3:20-cv-01440 (M.D. Fla. Sept. 20, 2021).Majd-Pour v. Georgiana Cmty. Hosp., Inc., 724 F.2d 901, 903 (11th Cir. 1984).
- Sanho Corp. v. Kaijet Tech. Int'l Ltd., Inc., No. 1:18-cv-05385 (N.D. Ga. June 9, 2021).Jurisdictional discovery is appropriate to allow the plaintiff “to discover facts that would support [its] allegations of jurisdiction.” Majd-Pour v. Georgiana Cmty. Hosp., Inc., 724 F.2d 901, 903 (11th Cir. 1984).
- Rothschild & Co Continuation Holdings A.G. v. Sklarov, 440 F. Supp. 3d 1385 (N.D. Ga. 2020).publishedIn such circumstances, a plaintiff “should be given [the] opportunity to discover facts that would support his allegations of jurisdiction.” Majd-Pour v. Georgiana Cmty. Hosp., Inc., 724 F.2d 901, 903 (11th Cir. 1984).
- Aviation One of Florida, Inc. v. Airborne Ins. Consultants (PTY), LTD, No. 16-16187 (11th Cir. Jan. 11, 2018).unpublishedJurisdictional discovery is appropriate when there is a dispute about the “facts that would support [the plaintiff’s] allegations of jurisdiction.” Majd-Pour v. Georgiana Cmty. Hosp., Inc., 724 F.2d 901, 903 (11th Cir. 1984).
- Equal Emp. Opportunity Comm'n v. Labor Solutions of Al LLC, 242 F. Supp. 3d 1267 (N.D. Ala. 2017).published“Although the plaintiff bears the burden of proving the court’s jurisdiction, the plaintiff should be given the opportunity to discover facts that would support his allegations of jurisdiction.” Morrison, 228 F.3d at 1273 (quoting Majd-Pou…
- Perrigo Co. v. Merial Ltd., 215 F. Supp. 3d 1329 (N.D. Ga. 2016).publishedIt’s true that as a general proposition, a “plaintiff should be given the opportunity to discover facts that would support his allegations of jurisdiction.” Majd-Pour v. Georgiana Cmty. Hosp., Inc., 724 F.2d 901, 903 (11th Cir. 1984).
- Benjamin Burgess v. Religious Tech. Ctr., Inc., 600 F. App'x 657 (11th Cir. 2015).unpublished Generally, “the plaintiff should be given the opportunity to discover facts that would support his allegations of jurisdiction.” Majd-Pour v. Georgiana Cmty. Hosp., Inc., 724 F.2d 901, 903 (11th Cir.1984).
- Garrett v. Talladega Cnty. Drug & Violent Crime Task Force, 983 F. Supp. 2d 1369 (N.D. Ala. 2013).published“Although the plaintiff bears the burden of proving the court’s jurisdiction, the plaintiff should be given the opportunity to discover facts that would support his allegations of jurisdiction.” Morrison, 228 F.3d at 1273 (quoting Majd-Pou…
- RMS Titanic, Inc. v. Zaller, 978 F. Supp. 2d 1275 (N.D. Ga. 2013).published“Although the plaintiff bears the burden of proving the court’s jurisdiction, the plaintiff should be given the opportunity to discover facts that would support his allegations of jurisdiction.” Majd-Pour v. Georgiana Cmty. Hosp., Inc., 72…
- Carlos H. Henriquez v. El Pais Q'Hubocali.com, 500 F. App'x 824 (11th Cir. 2012).unpublishedWhite v. Coca-Cola Co., 542 F.3d 848, 853 (11th Cir.2008). “[T]he plaintiff should be given the opportunity to discover facts that would support his allegations of jurisdiction.” Maj d-Pour v. Georgiana Cmty. Hosp., Inc., 724 F.2d 901, 903…
- Harris v. Bd. of Trs. Univ., 846 F. Supp. 2d 1223 (N.D. Ala. 2012).published“Although the plaintiff bears the burden of proving the court’s jurisdiction, the plaintiff should be given the opportunity to discover facts that would support his allegations of jurisdiction.” Morrison, 228 F.3d at 1273 (quoting Majd-Pou…
- Rivera-Concepción v. Commonwealth, 786 F. Supp. 2d 442 (D.P.R. 2010).publishedInc., 724 F.2d 901, 903 (11th Cir.1984), cited in Mills v. State of Me., 118 F.3d 37, 50 (1st Cir.1997) (upholding district court's rejection of plaintiffs' attempted fishing expedition for discovery to identify any or all federal programs…
- Andrew Pretka v. Kolter City Plaza II, Inc., 608 F.3d 744 (11th Cir. 2010).published Our own precedent holds that a plaintiff who chooses a federal forum “should be given the opportunity to discover facts that would support . . . allegations of jurisdiction” and ordering “dismissal without affording the plaintiff any oppor…
- Bernardele v. Bonorino, 608 F. Supp. 2d 1313 (S.D. Fla. 2009).publishedSpecifically, “[i]f the jurisdictional question is genuinely in dispute and the court cannot resolve the issue in the early stages of the litigation ..., then discovery will certainly be useful and may be essential to the revelation of fac…
- Smith v. Angel Food Ministries, Inc., 611 F. Supp. 2d 1346 (M.D. Ga. 2009).publishedThe Court also notes that the Eleventh Circuit has held that a "plaintiff should be given the opportunity to discover facts that would support his allegations of jurisdiction.” Majd-Pour v. Georgiana Cmty. Hosp., Inc., 724 F.2d 901, 903 (1…
- DDB Tech., L.L.C. v. MLB Advanced Media, L.P., 517 F.3d 1284 (Fed. Cir. 2008).publishedOther circuits have said that when jurisdictional facts are in dispute, "a refusal to grant discovery constitutes an abuse of discretion if the denial results in prejudice to a litigant.” Sizova, 282 F.3d at 1326 ; see also Filus v. Lot Po…
- Sizova v. Nat'l Inst. of Standards & Tech., 282 F.3d 1320 (10th Cir. 2002).publishedAlthough a district court has discretion in the manner by which it resolves an issue of subject matter jurisdiction under Rule 12(b)(1), see Holt, 46 F.3d at 1003 , a refusal to grant discovery constitutes an abuse of discretion if the den…
- Arzuaga-Perello v. The Shell, No. 98-1834 (1st Cir. Feb. 11, 1999).unpublished(reversing and remanding Rule 12(b)(1) dismissal where "[p]laintiff's counsel alleged that discovery would show that the two defendants are actually one entity operating out of the state of Indiana)
- Bowers v. Wurzburg, 501 S.E.2d 479 (W. Va. 1998).publishedHowever, when the facts surrounding jurisdiction are complex, it may be an abuse of a trial court’s discretion to dismiss the case before the plaintiff has an opportunity for discovery.” (Citing Majá-Pour v. Georgia-na Community Hosp., Inc…
- Fishel v. BASF Grp., 175 F.R.D. 525 (S.D. Iowa 1997).published(a subject matter jurisdiction case)
- Swain v. United States, 825 F. Supp. 966 (D. Kan. 1993).published Co. v. United States, 922 F.2d 320, 324 (6th Cir.1990) (plaintiff has burden of establishing subject matter jurisdiction); Majd-Pour v. Georgiana Community Hospital, Inc., 724 F.2d 901, 903 (11th Cir.1984) (same); Menchaca v. Chrysler Cred…
- Equal Emp. Opportunity Comm'n v. Alford, 142 F.R.D. 283 (E.D. Va. 1992).publishedThe dispositive nature of a Rule 12(b)(1) challenge to the underlying jurisdictional facts requires the court to satisfy itself that the record has been fully developed before deciding the motion. 4 The Fourth Circuit has recognized that a…
- Melvin A. Seglin, M.D. v. Truman Esau, 769 F.2d 1274 (7th Cir. 1985).published
- Barrett v. Nicholson, 466 F.3d 1038 (Fed. Cir. 2006).published
- Nat'l Indep. Theatre Exhibitors, Inc., James T. Patterson, Sr., Screen Advert. Film Fund, Inc. v. Buena Vista Distrib. Co., 748 F.2d 602 (11th Cir. 1985).published
- Thigpen v. United States, 800 F.2d 393 (4th Cir. 1986).published
- All. of Am. Insurers v. Cuomo, 854 F.2d 591 (2d Cir. 1988).published
- Colonial Pipeline Co., & Other Persons Similarly Situated v. Marcus E. Collins, Sr., 921 F.2d 1237 (11th Cir. 1991).published
- James W. Giannetta v. Peter A. Boucher, 981 F.2d 1245 (1st Cir. 1992).unpublished
- United States Ex Rel. Stinson, Lyons, Gerlin & Bustamante, P.A. v. Blue Cross Blue Shield of Georgia, Inc., 755 F. Supp. 1040 (S.D. Ga. 1990).published
- Pagano Ex Rel. Pagano v. Massapequa Pub. Schs., 714 F. Supp. 641 (E.D.N.Y. 1989).published
- Williams v. Casey, 657 F. Supp. 921 (S.D.N.Y. 1987).published
- Andersen v. Sportmart, Inc., 179 F.R.D. 236 (N.D. Ind. 1998).published
- Betancourt v. River Lanes of Titusville Inc, No. 6:23-cv-00414 (M.D. Fla. July 7, 2023).
- Leslie-Ann Pierre Nelson v. RAM Hotel Mgmt., LLC, et al., No. 2:25-cv-00021 (N.D. Ala. Sept. 3, 2026).
- Grills v. Philip Morris USA, Inc., 645 F. Supp. 2d 1107 (M.D. Fla. 2009).published
- Dolgencorp, LLC v. Werner Enter., Inc., No. 1:19-cv-01019 (S.D. Ala. Nov. 26, 2019).
- Hecker v. Gleason, No. 1:22-cv-00310 (S.D. Ala. Aug. 11, 2022).
- Hunt v. Century Imp. Auto., Inc., No. 1:22-cv-00320 (S.D. Ala. Aug. 23, 2022).
- Mobile Nursing Operations, LLC v. Kopelowitz, No. 1:22-cv-00263 (S.D. Ala. Apr. 27, 2023).
- Bibi v. Vaughan Reg'l Med. Ctr., LLC, No. 2:23-cv-00153 (S.D. Ala. Aug. 25, 2023).
- Williams v. WKRG 5, No. 1:23-cv-00348 (S.D. Ala. Sept. 18, 2023).
- Stennis-Marino v. Marino, No. 1:23-cv-00483 (S.D. Ala. Jan. 4, 2024).
- Ross v. Lowe's Home Ctr., Inc., No. 1:24-cv-00110 (S.D. Ala. Apr. 11, 2024).
- Adams v. Hernandez, No. 1:24-cv-00163 (S.D. Ala. May 28, 2024).
- Rockhill Ins. Co. v. Rogers, No. 1:17-cv-00480 (S.D. Ala. Nov. 6, 2017).
- Cincinnati Ins. Co. v. Adams Homes, LLC, No. 1:17-cv-00535 (S.D. Ala. Jan. 2, 2018).
- Am. Builders Ins. Co. v. Adams Homes, LLC, No. 1:18-cv-00377 (S.D. Ala. Sept. 6, 2018).
- Capitol Indem. Corp. v. BES Design/Build, LLC, No. 1:18-cv-00537 (S.D. Ala. Feb. 20, 2019).
- Anderson v. Sheely, No. 1:24-cv-00211, 2024 WL 3297067 (S.D. Ala. July 3, 2024).
- Garcia v. Gulf Coast Bldg. Prods., Inc., No. 1:24-cv-00395 (S.D. Ala. Oct. 28, 2024).
- State Farm Mut. Auto. Ins. Co. v. Hennigan, No. 1:25-cv-00368 (S.D. Ala. Sept. 3, 2025).
- Dome Tech., LLC v. S&J Indus., LLC, No. 1:25-cv-00528 (S.D. Ala. Dec. 18, 2025).
- Pickens, No. 1:26-cv-00046 (S.D. Ala. July 7, 2026).
At page 902 Raising subject matter jurisdiction at any stage10 citing cases“a reasonable probability of ultimate success upon the question of jurisdiction when the action is tried on the merits.”
- Williamson v. Sec'y of Vet. Affairs, 139 F. Supp. 3d 1282 (N.D. Ala. 2015).publishedMajdPour v. Georgiana Cmty. Hosp., Inc., 724 F.2d 901, 902 (11th Cir.1984).
- Sec. & Exch. Comm'n v. ETS Payphones, Inc., 300 F.3d 1281 (11th Cir. 2002).published Concepts, Inc., 196 F.3d 1195, 1198 (11th Cir.1999) (quoting Majd-Pour v. Georgiana Cmty. Hosp., Inc., 724 F.2d 901, 902 (11th Cir.1984)).
- Sec. & Exch. Comm'n v. Unique Fin. Concepts, Inc., 196 F.3d 1195 (11th Cir. 1999).published When a preliminary injunction is challenged on the basis of jurisdiction, a plaintiff need only establish “a reasonable probability of ultimate success upon the question of jurisdiction when the action is tried on the merits.” Majd-Pour v.…
- McMaster v. United States, 177 F.3d 936 (11th Cir. 1999).published “It is well established that the question of subject matter jurisdiction may be raised at any stage in the proceedings by any party or by the court on its own motion.” Majd-Pour v. Georgiana Community Hosp., Inc., 724 F.2d 901, 902 (11th C…
- Ingram v. Ault, 50 F.3d 898 (11th Cir. 1995).publishedMajd-Pour v. Georgiana Community Hosp., 724 F.2d 901, 902 (11th Cir.1984).
- Swain v. United States, 825 F. Supp. 966 (D. Kan. 1993).published Co. v. United States, 922 F.2d 320, 324 (6th Cir.1990) (plaintiff has burden of establishing subject matter jurisdiction); Majd-Pour v. Georgiana Community Hospital, Inc., 724 F.2d 901, 903 (11th Cir.1984) (same); Menchaca v. Chrysler Cred…
- Am. Can Co. v. Ishwar Mansukhani, D/B/A Brand Assocs., & Ruth Brand, D/B/A Brand Assocs., & Brand M, Inc., 742 F.2d 314 (7th Cir. 1984).published
- Melvin A. Seglin, M.D. v. Truman Esau, 769 F.2d 1274 (7th Cir. 1985).published
v.
GEORGIANA COMMUNITY HOSPITAL, INC., Basic American Medical, Inc., Etc., Defendants-Appellees
Plaintiff-appellant Ezzat E. Majd-Pour filed suit on May 6, 1983, against defendants Georgiana Community Hospital, Inc. and Basic American Medical, Inc. alleging that the defendants’ actions in denying and/or terminating plaintiff’s staff privileges violated federal antitrust laws, various state laws, and the equal protection and due process guarantees of the Constitution. Plaintiff requested this case “to be in every way expedited” and sought an order temporarily enjoining the defendants from, inter alia, interfering with plaintiff’s medical practice and denying or suspending plaintiff’s staff privileges at Georgiana Community Hospital.
A hearing on plaintiff’s request for a temporary restraining order was held on May 13, 1983. At the conclusion of the evidentiary hearing, the district court denied the request for a temporary restraining order and dismissed the case for lack of subject matter jurisdiction. On appeal, Majd-Pour contends that the district court erred in denying the plaintiff’s request for a temporary restraining order and in dismissing the case for lack of jurisdiction. We have carefully reviewed the record and find that the district court did not err in denying the request for a temporary restraining order but that the court acted prematurely in dismissing the case for lack of subject matter jurisdiction.
I
At the hearing on the plaintiff’s request for a temporary restraining order, the court expressed its concern about the possible lack of subject matter jurisdiction. It is well established that the question of subject matter jurisdiction may be raised at any stage in the proceedings by any party or by the court on its own motion. See, e.g., Burks v. Texas Co., 211 F.2d 443, 445 (5th Cir.1954). “Where the challenge is interposed on an application for a preliminary injunction, the plaintiff is required to adequately establish that there is at least a reasonable probability of ultimate success upon the question of jurisdiction when the action is tried on the merits.” Industrial Electronics Corp. v. Cline, 330 F.2d 480, 482 (3d Cir.1964); see also A.H. Bull Steamship Co. v. National Marine Engineers Beneficial Ass’n, 250 F.2d 332, 337 (2d Cir.1957) (a substantial probability that the court will find a basis for federal jurisdiction, like the probability of plaintiff’s final success on the merits, is a crucial element necessary to justify the issuance of an injunction pending resolution of the suit).
At the hearing, the only evidence that addressed the question of subject matter jurisdiction concerned possible diversity of citizenship, but this testimony failed to establish the defendants’ principal places of business. Tr. at 8, 18. Evidence of jurisdiction for the antitrust count or for the 42 U.S.C. § 1983 claim was wholly lacking. Having requested expedited action on his request for temporary injunctive relief, it was incumbent upon the plaintiff to come forward at the hearing with competent evidence establishing at least a reasonable probability of ultimate success on the question of jurisdiction. Because the plaintiff failed to offer sufficient evidence of jurisdiction for any of the counts alleged in the complaint, we find no error in the district court’s conclusion that the plaintiff is not likely to prevail on the initial question of the jurisdiction of the court. Accordingly, we find no abuse of discretion in the denial of the request for a temporary restraining order.
II
While it is clear that Majd-Pour failed to prove all facts necessary to establish jurisdiction, we do not believe that the plaintiff’s failure to establish jurisdiction at the hearing should have resulted in dismissal for lack of jurisdiction. At the hearing, plaintiff’s attorney repeatedly argued to the court that through the discovery process he could uncover facts that would later establish jurisdiction. Plaintiff’s counsel alleged that discovery would show that the two defendants are actually one entity operating out of the state of Indiana. Tr. at 136. Counsel also maintained that dis[*903] covery would reveal that the hospital recovered sufficient public money to make the defendants’ actions “state action,” thereby giving the court jurisdiction over the section 1983 claim. Tr. at 137, 141. Although plaintiff’s counsel did not specifically argue the need for discovery to establish antitrust jurisdiction, the former Fifth Circuit has stated that dismissal of an antitrust action for lack of subject matter jurisdiction prior to giving the plaintiff ample opportunity for discovery should be entered sparingly. See Chatham Condominium Ass’n v. Century Village, Inc., 597 F.2d 1002, 1011-12 (5th Cir.1979).
Although the plaintiff bears the burden of proving the court’s jurisdiction, the plaintiff should be given the opportunity to discover facts that would support his allegations of jurisdiction. See, e.g., Canavan v. Beneficial Finance Corp., 553 F.2d 860, 865 (3d Cir.1977); Budde v. Ling-Temco-Vought, Inc., 511 F.2d 1033, 1034 (10th Cir.1975); Miller v. United States, 530 F.Supp. 611, 616 n. 3 (E.D.Pa.1982); 4 Moore’s Federal Practice ¶26.56[6] & n. 7 (2d ed. 1983). We recognize that the district court has discretion to determine the scope of discovery. Perel v. Vanderford, 547 F.2d 278, 280 (5th Cir.1977). Nonetheless, we hold that the district court’s dismissal without affording the plaintiff any opportunity to proceed with reasonable discovery was premature and an abuse of the court’s discretion. Therefore, we hold that the failure of the plaintiff to prove all facts needed to prevail on the preliminary issue of jurisdiction, while properly leading to denial of the temporary restraining order, ought not to result in dismissal of the entire case, particularly under these circumstances where the plaintiff’s attorney protested that with discovery he could show the existence of jurisdiction.
On remand, the district court should permit the plaintiff, if he elects to do so, to pursue reasonable discovery to determine if he can show subject matter jurisdiction under any of the theories in the complaint. If plaintiff’s counsel elects to proceed with the case, he should be aware of Fed.R.Civ.P. 11 which states that the signature of an attorney constitutes a certificate that the attorney has read the pleading, that to the best of his or her knowledge, information and belief there is good ground to support it, and that it is not interposed for delay. In noting this rule, we do not express any opinion as to the merits of this case. We observe, however, that plaintiff’s counsel appeared at a hearing, convened at his request, not prepared to produce anything approaching a significant showing of jurisdiction. Moreover, by holding that the plaintiff should be given an opportunity for discovery, we do not mean to suggest that the district court may not, on a proper record and a proper showing, deal with the jurisdictional question by way of motion procedure. [1]
Accordingly, we AFFIRM the district court’s order denying plaintiff’s request for a temporary restraining order, VACATE the district court’s order dismissing the case for lack of subject matter jurisdiction, and REMAND the case to the district court with instructions to allow the case to proceed on the complaint of May 6,1983, unless otherwise amended in accordance with Fed.R.Civ.P. 15.
AFFIRMED in part; VACATED in part; and REMANDED for proceedings consistent with this opinion.
. The district judge’s order of dismissal and comments at the hearing indicate that the dismissal was based upon plaintiffs failure to prove jurisdictional facts at the hearing and not upon any possible deficiencies in the allegations of the complaint. If the district court finds on remand that the allegations are deficient, the proper course would be to dismiss the original complaint with leave to amend since leave to amend should be freely granted when necessary to cure a failure to allege jurisdiction properly. See Miller v. Stanmore, 636 F.2d 986, 990 (5th Cir.1981); Seagraves v. Harris, 629 F.2d 385, 390 (5th Cir.1980); 3 Moore’s Federal Practice ¶ 15.09 (2d ed. 1983). By this observation, we express no opinion concerning the adequacy of the allegations in the complaint.